Celgene Must Face Humana Suit on ‘Supracompetitive’ Drug Prices

Insurer Humana Inc. can proceed with a suit alleging drugmaker Celgene Corp. violated federal antitrust law by engaging in conduct that led to “artificially high” prices for the drugs Thalomid and Revlimid, a federal court in New Jersey said.

Humana’s 2019 suit, alleging Celgene engaged in improper actions between 2006 and 2009 to protect its monopoly on the drugs, was timely under the continuing violations doctrine, the U.S. District Court for the District of New Jersey said.

The Clayton Act sets a four-year limit for filing cases alleging violations of the Sherman Act’s monopoly provisions, the court said. But, under ...